Estate Planning and Probate in Sewanee

Planning ahead: match each document to its job

A will states how property covered by the will is to be handled and can work alongside a trust. A pour-over will is offered as part of planning that may also include a revocable living trust; the will and trust have distinct roles, so consider how they are intended to work together. A trust plan also requires decisions about the property involved and who will administer the trust.

Financial authority and healthcare authority are separate planning questions. A durable financial power of attorney authorizes someone to act within the document’s scope; it does not automatically grant every possible power. A healthcare power of attorney or advance healthcare directive addresses healthcare decisions and preferences. A HIPAA authorization concerns access to health information, not authority to make financial decisions.

• Identify the people you are considering for executor, trustee, financial agent, and healthcare agent; each role has a different job.
• Consider whether a special-needs, asset-protection, charitable, pet, or other trust serves a particular planning purpose before choosing a trust structure.

Administration: identify the asset and the authority

After a death, the practical question is not simply whether a will exists. Start by listing assets, how each is titled, and any beneficiary or trust information you can locate. Then identify the document naming the person who is expected to act, if one exists. A will, trust, beneficiary designation, and power of attorney do different work; a power of attorney should not be assumed to provide authority after the person who granted it has died.

Depending on the circumstances, the next route may involve probate administration, trust administration, or ancillary probate when an estate-related matter involves property in another jurisdiction. The appropriate process cannot be determined from a county office listing or a recorded document alone.

• Gather the will and trust documents, any amendments, asset and account records, deeds, and available beneficiary information.
• Write down what decisions are pending, who has been named to act, and whether property or a proceeding outside Tennessee may be involved.

A practical first conversation

Bring the document set you have and a short asset-and-question inventory. For planning, note your goals, the people you may name in each role, and any concerns about care, a business, charitable giving, or a pet. For administration, note the date of death, known assets and debts, property locations, and the identity of the person seeking to act. These details help frame whether the immediate discussion is about drafting, revising, or administering documents.

Dale Law Group, PLLC offers wills, trusts, powers of attorney, advance healthcare directives, guardianship and conservatorship, probate and trust administration, Medicaid and long-term-care planning, estate and gift tax planning, and business formation. For Franklin County court-office information, UT CTAS lists a Clerk & Master and a separate Circuit Court Clerk. Their roles are not interchangeable, and a listing alone does not establish the right venue or filing. Confirm current contact and location information before visiting.

Questions to resolve before choosing a route

Ask what each document is intended to accomplish, which assets it addresses, and who will have authority under it. If a trust is part of the plan, ask how the will and trust fit together and what administration decisions will remain. If handling an estate, ask what information is still needed to determine whether probate, trust administration, or another process should be considered.